Legal Opinion

Catlin v. Pedrick

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 6 opinions

APPEAL from tbe Municipal Court of tbe City and Town of Pipón. Action to foreclose a mortgage made to secure a note of tbe defendants, Gyrus and Marcellus Pedrich, for $500, dated November 13, 1855, payable to tbe plaintiff in three years from date, with interest payable semi-annually.

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APPEAL from tbe Municipal Court of tbe City and Town of Pipón. Action to foreclose a mortgage made to secure a note of tbe defendants, Gyrus and Marcellus Pedrich, for $500, dated November 13, 1855, payable to tbe plaintiff in three years from date, with interest payable semi-annually. Tbe complaint states tbat certain payments of principal and interest bad been made, leaving due $294.17 with interest from November 13, 1859. Tbe answer of tbe defendants first admits tbe making and delivery of tbe note and mortgage mentioned in tbe complaint, but denies that anything is due thereon. 2. “For a…

1Opinion of the Court

By the Court,

DixoN, C. J.

The demurrer to the second paragraph of the answer was properly sustained, and the evidence offered under the third properly excluded. The mistake of the pleader was in separating them so as to make two defenses out of matter which constituted but one. Together they would have made out a counter-claim, and let in the *92proofs; but apart, neither was sufficient, to permit any evidence to be received under it. Instead* of resisting the demurrer, the plaintiff’s attorney should have asked leave to amend by striking out the numerals which distinguished them as separate…

2Cases cited3 opinions

  1. Curtis v. MooreWisconsin Supreme Court · 1862
  2. Manning v. McClurgWisconsin Supreme Court · 1861
  3. Boyd v. WeilWisconsin Supreme Court · 1860

3Cited by6 opinions

  1. Webb v. MeloyWisconsin Supreme Court · 1873
  2. Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
  3. McGovern v. KrausWisconsin Supreme Court · 1927
  4. Bronson v. MarkeyWisconsin Supreme Court · 1881
  5. Clark v. Whittaker Iron Co.Missouri Court of Appeals · 1881

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